Efforts to control air pollution in modern times have ranged dramatically. Power plants are subject to stringent environmental monitoring and even an individual's automobile now carries extensive pollution control and abatement systems. Heavy vehicles are used by a variety of industries to transfer goods over roadways. Accordingly, such vehicles offer highly-adaptable transport between any two locations connected via a roadway. However, the technology of diesel engines, while generally considered to be more efficient at converting fuel to power, can sometimes be seen emitting visible soot into the air. Accordingly, efforts have been undertaken to attempt to minimize the impact of such diesel engine operation upon the environment. While generally the balance between the utility of the efficient diesel engines and the soot or other pollutants can be accepted when the vehicle is underway, an idling diesel engine invites regulation.
Many states and municipalities have enacted laws or ordinances to specifically address heavy-vehicle diesel engine idling. Often such laws simply prohibit diesel idling for more than a specified period of time, such as five minutes, unless one of a few certain exceptions occur. For example, if a vehicle is stuck in traffic or is idling for maintenance purposes, it may be idling for more than the allotted time. Further, since diesel engines require significant startup in cold weather, the temperature of the air in which the engine is operating may provide an exception. One problem that occurs is that the various different states and municipalities, while common in their desire to regulate diesel engine idling, have generally done so in varied and different ways. For example, the time allowed for such engine idling may be different, and different exceptions may apply depending on, among other things, the jurisdiction within which the engine is operating. Further still, the penalties for violating such a statute or ordinance vary substantially. A few examples are set forth below.
California has a diesel idling ordinance (currently set forth in Title 13, Div. 3, Art. 1, Ch. 10, §2485) that sets a maximum idling time of five minutes. The fine for violating the statute is a minimum of $300. Exemptions are provided for traffic conditions, resting in a sleeper berth beyond 100 feet of residential units, adverse weather conditions or mechanical difficulties, vehicle safety inspection, service or repair, power takeoff involving cargo or work functions, emergency vehicles, preventing safety and/or health emergencies, and queuing beyond 100 feet of a residential area. However, within California, the city of Sacramento has a separate ordinance in Sacramento City Code, Title 8, Ch. 8.116 that further prohibits refrigeration unit operation within 100 feet of residential or school zone unless loading or unloading. Additionally, an exemption is provided by Sacramento to recharge hybrid electric vehicles. Thus, as can be appreciated, even within the state of California, the rules regarding diesel engine idling and operation can vary. Connecticut has a diesel idling ordinance that provides a maximum time of three minutes, and fines that do not exceed $5000 per week. Further, an exemption is provided if, among other things, the temperature is less than 20 degrees Fahrenheit. Similarly, Delaware has an idling statute that sets forth a three minute maximum time and fines ranging from $50 to $500 per offense. The maximum time is increased to fifteen minutes if the temperature is between 32 degrees and −10 degrees Fahrenheit. If the temperature is below −10 degrees Fahrenheit, there is no idling limit. There are various other statutes and ordinances for the District of Columbia; Ga.; Hawaii; Illinois; Maryland; Massachusetts; Minneapolis, Minn.; Owatonna, Minn.; St. Cloud, Minn.; St. Louis, Mo.; Nevada; Clark County, Nev.; Washoe County, Nev.; New Hampshire; New Jersey; New York; Pennsylvania; Philadelphia, Pa.; Rhode Island; Texas; Utah; Salt Lake City, Utah; and Virginia.
These varied and disparate rules and regulations with respect to diesel engine idling present additional difficulties because a given route of a single vehicle traveling from Minneapolis, Minn. to Austin, Tex. may pass through a number of different jurisdictions, each having different idling regulations.